(1) POLICY: Refusal to protect witnesses, informants and victims from tampering/retaliation and obstruction.


Summary:

There are no services or protections set forth within DHS policies, requiring DHS to protect victims, witnesses and informants.

Agencies and their staff appear to have no training or understanding of Federal witness retaliation/tampering and obstruction of justice statutes and their application within Federal Administrative Proceedings. Staff members are not aware of the application of Federal Laws or their duty to report criminal activity relating to immigration proceedings to Law Enforcement agencies for criminal charges. Witness tampering/retaliation and obstruction of justice claims go completely disregarded, and are not even recorded within the agency documents, or taken into account when making determinations of inadmissibility. Aliens engaging in criminal activity are empowered to continue their criminal conduct during immigration proceedings.

Witnesses, Victims & Informants, have suffered immeasurable harms due to DHS’ failure to protect them against retaliation/tampering and the proceeding from obstruction. Many individuals are in fear of their lives, have been destroyed financially, and continue to suffer harm at the hands of the alien who continues to engage in retaliation against them.

Often times immigrants who have engaged in fraud, then perpetrate VAWA fraud or U/T-Visa Fraud against the informant, or utilize state courts, and child custody laws to strip the informant of their parental rights in retaliation for their having filed a complaint with DHS.

National Security:

DHS’ policy allows aliens who engage in criminal conduct to enter the United States, and those who engage in witness tampering/retaliation and obstruction have a much greater likelihood that their application will be approved. Obstructing such proceedings for the alien’s benefit incentivizes criminal aliens to continue to commit crimes and benefit from them.

Witnesses, Victims & Informants, are less and less likely to go to DHS when they “see something” in order to “say something” because they are becoming more aware of DHS’ failure to protect their informants. With less information coming to DHS about possible immigration-related crimes, less information about potential security threats and terrorism are also at issue.

Other Legal Issues:

Many immigration proceedings also construe the rights and liabilities of the victim, witness, informant when their I-864 affidavit of support contract is affected by the proceedings at hand. Many victims, witnesses, informants are therefore unlawfully held into I-864 contracts due to DHS’ failure to prosecute criminal aliens who engage in retaliation and obstruction.